mab214
Joined: 10 Feb 2007
mab214's page
Posts: 1
85 Magic Points
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Subject: OLD AT&T Wireless account (2001)
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Sat Feb 10, 2007 2:59 pm
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| years ago we received an offer in the mail for at&T wireless service in my husband's name. I sent it in and we actually had good service with the wireless account for a couple of years. NO CONTRACT and we paid for the phone on a national plan for approx. 49.99 per month. In June / July of 2001, I decided to add another line to the account. I actually went into a wireless store at this time and paid $100 for another phone asking for exactly the same deal that we had on the other phone. The guy at the store pulled up our other account in the computer and said he set us up the same. We live in Michigan. In August - we were in Denver. In September - we received the statement for the phones. The original account was fine - this new account was a $500+ bill! I called at&t wireless and spoke to a Supervisor who said that the second phone was on a "regional" plan or something like that. I explained to her that I had purchased the phone based on the representation that it would be the exact same service as the original phone. She said that she could change the service to match the other. Sounds great - EXCEPT she would not retro back to that prior month. Which would still leave us in the bag for the $500+ bill. I was young and stupid and said screw it - account over! DUMB!! I fully intended to pay the portion that I owed (approx. $120). I then receive a bill for almost $1000 to cover "remainder of contract" and cost of phone! Since I had specifically stated that I did NOT want a contract when I picked up the second phone, I essentially made a choice that they wouldn't be getting anything from me. again DUMB! NOW - the phones were both shut off by October of 2001. It is now Feb. 2007 and my husband just received a summons and complaint for our district court from Wolpoff & Abramson / Palisades Collection on the account for $1000. Again - I don't have a problem paying the $120 that I owe and maybe even some fees at this point - but - my husband has NEVER even spoken with AT&T or anyone else, so he obviously never signed any contract. So - they would have a hard time proving anything in court. Except that I would obviously admit to owing a portion of the bill. The problem is that this would put a judgement, no matter how small on my husband's credit. Since he was truly unaware of all of this, I just feel horrible. Any chance that I can settle this with AT&T on an account this old? I have looked up the Palisades / Wolpoff info. and they have a terrible reputation. I'm afraid to even call them. I do NOT have the money - the only option I have is to pay via credit card, but I'm scared to even give them that number. I have had accounts with AT&T / SBC in my name since 1990 that have been good accounts. My Cingular account has been solid for 5 years and they are now AT&T - I thought about calling them on it. ANY ideas? |
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ParkAvenue
Moderator
Joined: 26 Mar 2007
ParkAvenue's page
Posts: 47
Location: Florida
3872 Magic Points
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Subject: A few Ideas. . .
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Mon Mar 26, 2007 7:33 pm
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I have a few ideas.
First and foremost, check the SOL for bringing legal
actions in your state. It appears that some Date of
Last Payment is August 2001 on the alleged account.
1) By all means ANSWER the summons and include the SOL
Defense, if any. State your Counterclaims. Surely, this alleged
account must be already reporting on your husband's credit report.
Palisades must have FDCPA and FCRA violations. Check your
state Debt Collection laws, if any. Include State violations, also.
Palisades numerous violations will more than pay for this debt,
IF it is proven to be yours. If it is not proven to be yours,
Palisades must pay your husband for damages.
2) Admit to nothing in your ANSWER. At this point, pay
NOTHING not even the $120. Since they are dragging
you and your husband into court, make them prove EVERYTHING
they allege in their frivolous Complaint.
3) Make Palisades evidence proof of their contract with Cingular
in the alleged matter.
4) Make Palisades evidence their authorization to do business or
operate within your state.
5) Make Palisades Collection evidence proof of the alleged debt,
including specifically a copy of the Original Credit Application
showing the Terms of the Agreement and bearing your husband's
signature. "No Contract" sounds like "No Case" to me.
6) Make Palisades evidence proof of the alleged amounts, including
specifically Cingular's Accounting Ledger or Summary of all account
activities, including all invoices sent to your husband, payments made,
late charges, interest, date of payments received, date of payments
posted, telephone calls made, and date and time of every telephone
call made on this alleged account.
7) Make Palisades evidence proof of all documents and financial
instruments used to pay the alleged debt.
8. Make Palisades evidence all documents sent to your husband
regarding the alleged account.
Often times, Junk debt Buyers file these types of claims
in hopes of winning an "easy" judgment by default, where the
"least sophisticated" consumer fails to Answer the Complaint or
Appear. You must file your Answer in court, mail a copy to W&A
and do appear for ALL court hearings.
Bottom line: It is very important that you do NOT
admit to anything and do NOT pay anything!!! Take
complete control of the situation. Without admitting
to anything, force Palisades along with their pricey
attorney W&A to prove that the Statute of Limitations (SOL)
had not expired on the alleged debt, and make them litigate
their case, if any. Then make Palisades pay you and
your husband for their state and federal violations.
Note: Speaking from my personal experience, most, if not all,
Junk Debt Buyers violate the law in some manner. For their
industry, it is far more profitable to violate the law, than to
comply with the law.
Hope this response is timely and helpful. |
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